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Digital Economy Act 2017 (Amendment) (Definition of Extreme Pornography) Bill [HL]


Official Summary

A Bill to amend the definition of extreme pornography in the Digital Economy Act 2017

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Overview

This bill amends the Digital Economy Act 2017 to redefine "extreme pornography." The changes aim to clarify the criteria for classifying material as extreme, focusing on the material's purpose and whether a classification body would deem it unsuitable for certification.

Description

The bill modifies section 15 and 22 of the Digital Economy Act 2017. It removes previous subsections defining extreme pornography and replaces them with a new definition. This new definition centers on two key aspects:

  • Purpose: The material must be reasonably assumed to have been produced solely or principally for sexual arousal.
  • Classification: A video works authority would determine that the material (or a video work containing it) is unsuitable for classification.

The amendment applies to both video works and other material. The act applies to England, Wales, Scotland, and Northern Ireland and comes into effect immediately upon passage.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The primary cost will likely be associated with the administration of the revised classification process by the relevant authorities.

Groups Affected

  • Pornography producers and distributors: They will need to adapt to the revised definition of extreme pornography, potentially incurring costs related to compliance.
  • Online platforms: These platforms will be responsible for enforcing the new definition, which may require investment in technology and personnel.
  • Law enforcement agencies: They may see an altered caseload depending on how the redefined criteria affect prosecutions.
  • Classification bodies: Their workload and responsibilities will adjust to reflect the new definition's requirements.
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